Privacy Notice May 2018
The General Data Protection Regulation replaces the previous Data Protection Directives that were in place. It was approved by the EU Parliament in 2016 and comes into effect on 25th May 2018. GDPR states that personal data should be ‘processed fairly & lawfully’ and ‘collected for specified, explicit and legitimate purposes’ and that individuals data is not processed without their knowledge and are only processed with their ‘explicit’ consent. GDPR covers personal data relating to individuals. Rainbow PreSchool is committed to protecting the rights and freedoms of individuals with respect personal data. The General Data Protection Act gives individuals the right to know what information is held about them. It provides a framework to ensure that personal information is handled properly.
Rainbow PreSchool is registered with the ICO (Information Commissioners Office) under registration reference: ZA204908
1) The right to be informed
Rainbow PreSchool is a registered Childcare provider with Ofsted and is required to collect and manage certain data. We record: parent’s names, addresses, telephone numbers, email addresses, dates of birth and National Insurance numbers. We record: children’s’ full names, addresses, dates of birth, birth certificate and passport numbers. For parents claiming the free entitlement funding we are requested to provide this data to Buckinghamshire County Council; this information is sent to the Local Authority via a secure electronic file transfer system.
We are required to collect certain details of visitors to our Pre-School. We need to record: visitor’s names, telephone numbers, addresses and where appropriate company name. This is in respect of our Health and Safety and Safeguarding Policies.
As an employer Rainbow PreSchool is required to hold data on its employees; names, addresses, email addresses, telephone numbers, date of birth, National Insurance numbers, photographic ID such as passport and driver’s license, bank details. This information is also required for Disclosure and Barring Service checks (DBS) and proof of eligibility to work in the UK. This information is sent via a secure file transfer system to Buckinghamshire County Council for the processing of DBS checks.
2) The right of access
Rainbow Pre-school is a charity registered in England & Wales. Registration No:1008931. Registered address : The Lair, The Walter Davies Scout Centre, Duffield Lane, Stoke Poges, Bucks SL2 4AL
At any point an individual can make a request relating to their data and Rainbow PreSchool will need to provide a response (within 1 month). Rainbow PreSchool can refuse a request, if we have a lawful obligation to retain data i.e. from Ofsted in relation to the EYFS, but we will inform the individual of the reasons for the rejection. The individual will have the right to complain to the ICO if they are not happy with the decision.
3) The Right to rectification
Individuals have the right to have any inaccurate or incomplete personal data rectified.
4) The right to erasure
Individuals have the right to request the deletion of your data where there is no compelling reason for its continued use. However, Rainbow PreSchool has a legal duty to keep children’s and parents details for a reasonable time*, Rainbow will retain these records for 6 years after leaving pre-school, children's accident and injury records for 19 years (or until the child reaches 21 years), and 22 years (or until the child reaches 24 years) for Child Protection records. Staff records must be kept for 6 years after the member of leaves employment, before they can be erased. This data is archived securely onsite and shredded after the legal retention period.
5) The right to restrict processing
Individuals can object to Rainbow PreSchool processing their data. This means that records can be stored but must not be used in any way, for example reports or for communications.
6) The right to data portability
Rainbow PreSchool requires data to be transferred from one IT system to another; such as from Rainbow PreSchool to the Local Authority, to shared settings and to Tapestry' Online Learning Journal. These recipients use secure file transfer systems and have their own policies and procedures in place in relation to GDPR.
7) The right to object:
Individuals can object to their data being used for certain activities such as research.
8) The right not to be subject to automated decision-making including profiling.
Automated decisions and profiling are used for marketing organisations. Rainbow Preschool does not use personal data for such purposes.
Storage and use of personal information
All paper copies of children's and staff records are kept in a locked office at Rainbow Pre-school. Members of staff have restricted access to these files, ensuring that the information taken from the files remains confidential and on site at all times. These records are shredded after the retention period.
Information about individual children is used in certain documents, such as, a daily register, medication forms, referrals to external agencies and disclosure forms. These documents include data such as children's names, date of birth and sometimes address. These records are shredded after the relevant retention period.
The names and addresses of those on our waiting list are shredded if the child does not attend or added to the child’s file and stored appropriately.
Information regarding families’ involvement with other agencies is stored both electronically on an external hard drive and in paper format, this information is kept in a locked filing cabinet at Rainbow Pre-school. These records are shredded after the relevant retention period.
Upon a child leaving Rainbow PreSchool and moving on to school or moving settings, data held on the child may be shared with the receiving school. Such information will be sent via the Tapestry secure file transfer system. For children attending a school who do not use Tapestry, the records will be passed to the parent/carer to be delivered to the receiving school.
Rainbow PreSchool holds the name, business address, email address and contact number of the people who supply the PreSchool with services and resources. This information is stored both electronically on external hard drives and in paper format, this information is kept in a locked filing cabinet at Rainbow Pre-school. These records are shredded after the relevant retention period.
Rainbow PreSchool stores personal data held visually in photographs unless written consent has been refused by the parent/ carer. No names are stored with images in digital photo albums, displays or on the website.
Access to the settings laptops, tablets, storage devices and Tapestry online learning journal is by password only. When a member of staff leaves the PreSchool these passwords are changed in line with our Safeguarding policy.